Agenda item

Proposal:     Application to vary a premises license

Location:      Goring and Streatley Golf Club

                        Rectory Road

                        Streatley

                        RG8 9QA

Applicant:     Goring and Streatley Golf Club

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 16/01035/LQN in respect of an application to vary a premises licence at Goring and Streatley Gold Club, Rectory Road, Streatley, RG8 9QA.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr. Martin Hucklesby and Mr. David Athey (Applicants), and Mr. Patrick Walsh, Mrs. Gaye Walsh and Dr. Nicola Swan (Objectors) addressed the Sub-Committee on this application.

It was noted that all parties would have ten minutes in which to address the Sub-Committee.

Ms Matheou, in addressing the Sub-Committee, raised the following points:

·           The application to vary the premises licence under Section 34 of the Licensing Act 2003 was made by Goring and Streatley Golf Club on 13^th July 2016;

·           Interested parties had been e-mailed on 13^th July 2016;

·           The consultation period had run until 9^th August 2016 and the application had been advertised correctly.

·           The variation sought to extend the hours of operating for live music on Monday through to Sunday from 08.00 to 01.00; the operation of recorded music on Monday through to Sunday from 06.30 to 01.00, performance of dance on Monday through to Sunday from 18.00 to 01.00; and the supply of alcohol on Monday through to Sunday from 08.00 – 01.00.

·           During the statutory consultation period of 28 days, 22 representations had been received from local residents with the nature of the representations being varied. No mediation had taken place.

Councillor Graham Bridgman stated that the statutory forms had not caught up with the changes from the Licensing Act 2003. As a result of the deregulatory changes that had amended the 2003 Act, no licence was required for the following activities which specifically related to this application:

·         Dance: no licence was required for performances between 08.00 and 23.00 on any day, provided that the audience did not exceed 500.

·         Live music: no licence permission was required for:

-   a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.

-   a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience did not exceed 500.

-   a performance of amplified live music between 08.00 and 23.00 on any day, in a workplace that was not licensed to sell alcohol on those premises, provided that the audience did not exceed 500.

·         Recorded Music: no licence permission was required for:

-   any playing of recorded music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience did not exceed 500.

Therefore, some of those activities would apply to the application submitted by the Golf Club and the Sub-Committee did not have the ability to restrict that element save in exceptional circumstances.

Mr. Martin Hucklesby and Mr. David Athey, applicants, in addressing the Sub-Committee, raised the following points:

·           Mr. Hucklesby advised that the purpose of the application was in order to provide greater flexibility to the Golf Club as the current licence prevented them from serving alcoholic beverages before 11.00am and this was something that they were often asked for;

·           The application would bring the Golf Club into line with other premises in the area but he stressed that there were no plans to change the way in which the golf club operated;

·           Mr. Athey explained that there were certain standards of etiquette within golf and the Goring and Streatley Golf Club were strict observers of those rules of etiquette and adhered to them fully. The care and consideration of others was a fundamental attribute of the organisation.

Councillor Bridgman referred to page 17 of the agenda where the supply of alcohol was requested from 08.00 to 01.00 in mid week for weddings and functions. He asked how many functions the golf club currently catered for and how many it was expected to have in the future. Mr. Hucklesby confirmed that there had been nine events up to 31^st March 2016; this year seven events were scheduled in with four so far in the year following that. The golf club would also hold member events at times. Councillor Bridgman asked how many times at an event there would be live music and the sale of alcohol and on what days. Mr. Hucklesby responded that these events were likely to be held on a Friday or Saturday for which the current licence allowed. Events were unlikely to take place on a Sunday, Monday or Tuesday and he could not recall ever having one on those days during the entire history of the club.

Councillor Bridgman then queried why the golf club was asking for the supply of alcohol until 1.00am on those days. Mr. Hucklesby stated that as a business the golf club had to market itself for all possibilities. It would have been possible to apply for a Temporary Event Notice (TENS) but there was always a chance that that might be denied. The motivation for applying for those hours was to ensure that the club operated within the law.

Councillor Jeff Beck noted that the golf club had held nine events in the previous year and he asked how many of those had been member events. Mr. Hucklesby replied that many of the events would involve members and this could include anniversaries, birthdays, captains days, gala events or Christmas or New Year parties. Councillor Beck asked if the golf club took particular care to ask people to leave the premises quietly either via notices either inside or outside. Mr. Hucklesby confirmed that no arrangements for that were in place.

Councillor Bridgman referred to page 12 of the agenda and reiterated that live music fell within the permission that the club already had and it would only be the hours from 11.00pm to 1.00am that needed to be applied for through this licence. He queried how many bands would want to tune up at 8.00am. Mr. Hucklesby confirmed that this would be very rare and the purpose of the licence application was to make things easier for the club. Mr. Athey clarified that the club had a limit in terms of occupancy of 120.

Councillor Peter Argyle queried why a licence for recorded music was required at 6.30am. Mr. Hucklesby confirmed that this was due to the fact that golfers often came in early and it was so that light background music or the television could be played.  Councillor Argyle asked if the windows and doors were shut at 6.30am to ensure that noise was prevented from spreading. Mr. Hucklesby responded that this was only for quiet background music and therefore would not be able to be heard from outside. Mr. Athey also advised that the club had air conditioning units installed and it was therefore counter productive to open windows in any event. Councillor Bridgman noted that noise had been an issue with some of the representations received and he asked if windows were shut in the evenings when live music was played. Mr. Athey confirmed that windows were closed as often as possible as they were conscious of sound emanating and generally staff were very attuned to this. However, at times guests would open the windows.

Councillor Bridgman referred to the proposed operating schedule for the sale of alcohol and how that fitted with the golf club. Mr. Hucklesby advised that the golf club often had various golf societies playing at the club and these groups would consist of around eight players. They had provided feedback that they had found the offering lacking as they would start playing around 7.30-8.00am and would often ask for a drink which the golf club had had to refuse. The revised timings were merely to service that requirement. Councillor Bridgman said that if the bar opened at 8.00am this might attract others from the area. Mr. Hucklesby stated that the golf club did not fall into that category and would only attract golfers or maybe the occasional walker.

Councillor Bridgman referred to page 19 of the agenda and the steps taken to promote the four licensing objectives and referred to the specific sections as follows:

Public Safety – Councillor Bridgman asked how the risk assessments would be made available. Mr. Hucklesby confirmed that they were kept in a risk assessment folder in the main office. Councillor Bridgman asked for clarification as to how any risk would be mitigated. It was noted that staff were trained to notice if anyone was becoming a nuisance due to having too much to drink and would then escort them off the premises to a taxi which would be provided. The golf club was in a rural location and therefore not many members would be able to walk home. When a booking was made for a functions or event in the club, numbers of local taxi firms would be provided in advance. Many of the taxi drivers were known to the club and some would even be members themselves.

Protection of Children – Councillor Argyle noted that no comments had been provided in this box. However, functions such as weddings would have children present and he asked how the club proposed to keep them safe. Mr. Hucklesby advised that parents would also be at the event and they would be expected to look after their own children. This was the only time children would be in the club and all staff were trained on the 21 Policy and therefore there was no chance that a child would be able to get hold of any alcohol.

Councillor Beck noted that there had been a move from traditional membership of golf clubs to that of golf societies and he queried whether there was any difference in the way that those societies attending the club would be controlled. Mr. Athey reiterated that standards would still be expected to be adhered to. There was a greater tendency these days to be a member of a golf society as people would then have the ability to play on different courses but golfers were still by and large keen to abide by the rules of etiquette. There was a member of staff who lived on site and part of his role was to look after visitors.

Dr. Nicola Swan asked for clarification as she understood that the club was trying to grow the number of social members at the club. Mr. Hucklesby confirmed that that was correct. She then referred to the Harm to Children objective and noted that during the school holidays junior members were encouraged to spend a large part of the day at the club house and after school clubs were also available. These children would be unaccompanied and therefore there would be no adults to supervise them. Mr. Athey confirmed that their policy was the same as in other golf clubs in that a professional would be targeted to look after the junior members. Having exposure to other members would teach them the etiquette of golf and he stressed that they would not have the free run of the club and would not be allowed to purchase alcohol.

Dr. Swan understood that there had to be a certain number of adults in charge when there was a group of young people i.e. any more than two and she queried what arrangements were in place at the golf club. Mr. Athey advised that there were three members of staff in the professional shop who would be available to look after a group of junior members. The group of junior members ranged from 2-8 people and the level of supervision would be adjusted as and when necessary.

Mrs. Gaye Walsh noted that it had been said that taxis would be provided for those attending the club if they had had too much to drink and she asked what evidence there was of this as this contradicted the experience of local residents. Councillor Bridgman said that this was something that could be picked up when the objectors made their representations.

Ms. Tania Brown noted that the golf club saw itself as a responsible role model and she questioned how that was the case if alcohol could be served from 8.00am. Mr. Hucklesby confirmed that the club would not be serving to juniors at all but was merely opening the offer to visiting golf societies. Mr. Athey stated that it was necessary to understand that simply because a facility existed it did not mean that people had to over indulge and it was not the intention of the club to promote excessive drinking. 

Mr. Patrick Walsh, Mrs. Gaye Walsh and Dr. Nicola Swan, objectors, in addressing the Sub-Committee, raised the following points:

·           Mr. Patrick Walsh confirmed that he lived next door to the golf club which was about 30 yards away from the nearest neighbour;

·           In relation to public nuisance his family had endured noise from existing events and on at least two occasions over the last month he had had to ask for the noise to be reduced. On one of those occasions he had had to go round to the golf club to complain in person;

·           Mr. Walsh confirmed that generally he tolerated disturbances or contacted the club in person or by telephone to complain;

·           Rectory Road was a residential area and to allow the application to vary the licence would be a tipping point for him and his family as when events were held at the club, vans often parked in the disabled bays which were about 10 yards from his house. Equipment would then be unloaded and reloaded late at night which was often noisy and intolerable and this would be exacerbated should changes to the licence be permitted seven days per week;

·           Dr. Nicola Swan confirmed that her family had lived at the Old Golf House since 1970;

·           In order to provide some context she confirmed that there were 64 households in Rectory Road and 41 of those households lived beyond the clubhouse;

·           Rectory Road was subject to a 30mph speed limit due to safety issues but the Police were not able to enforce this as it was a narrow no through road. However, it was part of the national trail;

·           When she moved into the area near the golf club she expected that she would find some golf balls in her garden but there had also been broken windows and a great deal of noise;

·           There was noise from leaf blowers and mowers early in the morning on a daily basis but she had accepted this as part of living in the area. However, she had now reached the point of her limit as it would be unacceptable to be kept awake with potential noise from an event until 2am and then to be woken up by the noise from mowers etc. at 6.00am, particularly on a week night;

·           This was a clubhouse and not a night club and the sound proofing of the building was not at an adequate level. Some noise was acceptable as she wanted to be a good neighbour but this application to vary the licence was the tipping point;

·           Of the 64 houses in Rectory Road 35 of them had children living in them with their parents;

·           Dr. Swan was worried that patrons leaving the golf club, having had too much to drink, would be going home at the same time as the young people returning home from a night out in Reading and as the road was narrow, with no verge or pavement and also unlit there was the potential for an accident;

·           Anti-social behaviour was on the increase in the area and the village had no local Police apart from a visit from a PCSO once a week in the day time The Police Station at Pangbourne was closing as well and therefore it would be necessary to wait 30 minutes or so for a car to be dispatched from Reading or Newbury;

·           References had been made to a number of anti-social incidents in the representations from local residents;

·           In summary Dr. Swan was concerned in relation to the nuisance from noise and the club house was not constructed appropriately to reduce the level of noise.

Councillor Argyle queried whether Dr. Swan or Mr. Walsh had notified the police when there were incidents of disturbance from the golf club. He understood that they would not necessarily get a response but at least their complaint would be logged. Dr. Swan stated that she always tried not to complain officially unless she really had to. Mr. Walsh said that as he was a member of the golf club he had tried to be tolerant and he understood that the club were keen to hold more events but they all had to live in the same environment.

Councillor Beck referred to the comment from Dr. Swan in relation to young people walking home from the station and he asked what numbers would be involved and at what time. Dr. Swan confirmed that 35 children lived in the area and at least 20 from houses before the golf club car park. At least 12 would go into Reading for an evening out and as there was no public transport they would have to get there by train and walk home from the station. These young people tended to go out later and would come back home about 1am or 2am. This would clash with vehicles leaving the golf club and if there were additional events held then there would be a subsequent increase in the volume of traffic potentially every day of the week. Councillor Beck asked if the parents of those children made them take any precautions. Mrs. Walsh confirmed that they would be encouraged to wear a fluorescent strip and to carry a torch but there were still occasions when they had had to jump in the hedge to avoid a collision.

Councillor Bridgman noted that Mr. Walsh had referred to a recent incident in his presentation and he queried at what time this had taken place. Mr. Walsh replied that it was around 8.30pm – 9.00pm. He had had to go round to the golf club and ask them to close the windows in order to reduce the noise as his family had been sat in the garden at the time and had been forced to go inside. On other occasions he had had to telephone at around 11.00pm as noise emanating from the golf club often kept his mother in law awake at night.

Councillor Bridgman stated that the golf club already had a licence but were now asking for the sale of alcohol from 8.00am. Dr. Swan asked why anyone would want an alcoholic drink at 8.00am as that seemed a little excessive and did not fit with the values of the golf club as set out by Mr. Athey. However, having said that she would prefer that the extended hours were at that end of the day rather than later at night. Councillor Bridgman clarified that the golf club already had a licence to 1am on some days for both alcohol and music. Dr. Swan said that the neighbours did try to tolerate any disturbances at the weekend as they had chosen to live next to a golf course but if those hours were extended throughout the week then that would not be tolerable. Mr. Walsh confirmed that he was a golfer but agreed that if local residents had to put up with disturbances seven days a week that would not be acceptable.

Mr. Athey referred to Dr. Swan’s comments in relation to children coming home late at night from the station. These were not young children – many of them being over the age of 18. In his experience drivers leaving the golf club drove sedately along Rectory Road but that it was sometimes the residents coming in the other direction who drove faster and erratically. Dr. Swan confirmed that the young people were 25 or under but would still be dependent on their parents. She confirmed that they were not therefore children as such but were dependents. Councillor Bridgman asked Dr. Swan if she accepted that it was not purely the golf club members who drove along Rectory Road irresponsibly. She agreed but stated that the proposed changes to the licence would increase traffic volume and those people would not necessarily be aware of the dangers of this narrow road as there were no road markings or lighting and the police were not able to enforce the 30mph speed limit.

In summary Mr. Hucklesby considered that the Goring and Streatley Golf Club was a good neighbour and shared the responsibility for the community. He admitted that there were times when Mr. Walsh had complained and sometimes guests opened the windows. Some of the statements made were not all fact but agreed that the community shared the noise and traffic issues and he was keen to develop that element of sharing. In respect of the events, such as weddings, at the golf club he could not recall a time when a member had not been in attendance.

Mr. Athey stated that if by any chance the golf club did manage to secure bookings for seven days a week the club would be very wealthy. However, the club was not seeking that frequency at all and all it wanted was some flexibility to secure bookings on whatever day was suitable for the customer.

The Sub-Committee retired at 11.14am to make its decision.

Having taken all relevant representations into account, the Licensing Sub-Committee RESOLVED that Application reference 16/01035/LQN in respect of premises known as Goring and Streatley Golf Club, Rectory Road, Streatley, Berkshire RG8 9QA, be granted as amended and subject to the additional conditions set out in the operating schedule, any relevant mandatory conditions as prescribed by the Licensing Act 2003 or secondary legislation, and the additional conditions imposed by the Licensing Sub Committee. 

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